( 1 ) THE allegations in the plaint and the interim application are that the Plaintiff is using the trade mark "kesh Nikhar" since 1935 and is its proprietor under registration no. 216597 of 17/7/1963. This trade mark has been renewed from time to time. The plaintiff has also applied for registration of the trade mark "nikhar Beauty Bar" on 3/3/1997 vide application number 216597 in Class 3. It has also been pleaded that the Plaintiff is the registered proprietor of the Copyright No. A-30760/70 of Kesh nikhar Label. Kesh Nikhar has been continuously, regularly and extensively used by the Plaintiff in respect of soaps since 1935 with past sales of approximately Rs. 200. 00 crores, and present sales of Rs. 30. 00 crores. It is the Plaintiff s assertion that the word "nikhar" is an essential and integral part of the registered trade mark. Approximately rs. 2. 00 crores are being spent annually on advertisement of "kesh Nikhar". In June 2000 the Plaintiff learnt that the Defendant had marketed a soap with the mark nikhar . Hence the present suit for infringement of Trade Mark and Copyright, and for passing-off was filed seeking an injunction and orders for the renditio